Monterey Municipal Code Art. 4 Retail Bag Regulations

After six months from the ordinance codified in this Article’s final passage and adoption, the following will be required:

a.No retail establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer shall provide a single-use carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. A reusable bag or a recycled bag may be provided to the customer, pursuant to this Section.

i.A “single-use carryout bag” is defined as a bag, other than a reusable bag or recycled bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags, a maximum of 11 inches by 17 inches, without handles provided to the customer (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.

ii.A “reusable bag” is defined as a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.

iii.A “recycled paper bag” is defined as a bag that contains no old growth fiber and a minimum of 40 percent post-consumer recycled content, is 100 percent recyclable, and has printed in a highly visible manner on the outside of the bag the words “reusable” and “recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.

b.Public eating establishments, defined as restaurants, take-out food establishments, or any other business that receives 90 percent or more of its revenue from the sale of food which is prepared on the premises, to be eaten on or off its premises, are not considered retail establishments for the purpose of this Article.

c.Nonprofit charitable re-users, which is a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that re-uses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials, are not considered retail establishments for the purpose of this Article.

d.Six months from the ordinance codified in this Article’s final passage and adoption, a retail establishment may make available for sale to a customer a recycled paper bag for a minimum charge of $0.10. Twelve months from the ordinance codified in this Article’s final passage and adoption, a retail establishment shall raise the cost it charges a customer for a recycled paper bag to a minimum charge of $0.25. A retail establishment may also make available to the customer, a reusable bag.

e.Notwithstanding this Section, when a recycled paper bag is distributed to the customer, the amount of the sale of the recycled paper bag shall be separately itemized on the sales receipt.

f.A retail establishment may provide a customer participating in the California Special Supplement Food Program, for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one or more recycled paper bags at no cost or reusable bags. (Ord. 3471, 2011)

All retail establishments shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag by the retail establishment, for a minimum period of one year from the date of purchase and sale, which record shall be available for inspection at no cost to the City during regular business hours by any City employee authorized to enforce this Section. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information, including incomplete records or documents, to the City shall be a violation of this Section. (Ord. 3471, 2011)

The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity. (Ord. 3471, 2011)

a.For the first violation, a written warning shall be issued to the provider specifying that a violation of this Article has occurred, and which further notifies the provider of the appropriate penalties to be assessed in the event of future violations. The provider will have 14 days to comply.

b.Upon failure of the provider to comply within the 14-day period set forth in subsection (a) of this section, the City may pursue enforcement of this Article utilizing any of the remedies set forth in the City’s Administrative Fine Resolution.

c.Providers who violate this Article in connection with special events, as defined in this Article, shall be assessed a graduated administrative fine which shall increase in amount depending upon the number of persons attending said special event. The amount of the graduated administrative fine shall be established and set forth in the City’s Administrative Fine Resolution. (Ord. 3471, 2011)